Important Criminal Law Decisions & the Legal Principles
"A miscarriage of justice which may arise from the acquittal of guilty is no less than that from the conviction of an innocent. If there is miscarriage of justice from the acquittal, the higher Court would examine the matter as a Court of fact and appeal while correcting the errors of law and in appreciation of evidence as well. Then the Appellate Court may even proceed to record the judgment of guilt to meet the ends of justice, if it is really called for." - *Govindaraju @ Govinda v State [2012] GCtR 5827 (SC)*
"A complaint under Section 494 of the IPC, 1860 must be made by the aggrieved person. Section 498A of IPC does not fall in Chapter XX of the IPC. It falls in Chapter XXA. Section 198A permits a court to take cognizance of offence punishable under Section 498A of IPC upon a police report of facts which constitute offence." - *Ushaben v. Kishorbhai Chunilal Talpada [2012] GCtR 5828 (SC)*
"If the accused really intended to commit the murder of the deceased and if they were armed with weapons like Lathis and Dhariyas of which the latter is a sharp-edged weapon, it is difficult to appreciate why they would not have attacked any vital part of his body. The absence of any injury on any vital part and particularly the absence of external injury on the skull clearly show that the accused had not intended to cause the death of the deceased nor caused any bodily injury as was likely to cause death." - *State of Rajasthan v. Mohan Lal [2012] GCtR 5829 (SC)*
"Commencement and completion of an investigation is necessary to test the veracity of the alleged commission of an offence. Any kind of hindrance or obstruction of the process of law from taking its normal course, without any supervening circumstances, in a casual manner, merely on the whims and fancy of the court tantamounts to miscarriage of justice, which seems to be the case here." - *State of Orissa v. Ujjal Kumar Burdhan [2012] GCtR 77 (SC)*
“Though the ocular testimony of witness has greater evidentiary value vis-à-vis medical evidence when medical evidence makes the ocular testimony improbable, that becomes a relevant factor in the process of evaluation of evidence. However, where the medical evidence goes so far that it completely rules out all possibility of the ocular evidence being true, the ocular evidence maybe disbelieved" - *Sayed Darain Ahsan @ Darain v State of WB [2012] GCtR 5830 (SC)*
Full text Copies of Judgments Available Free of cost here :
https://api.sci.gov.in/jonew/judis/39150.pdf
https://api.sci.gov.in/jonew/judis/39168.pdf
https://api.sci.gov.in/jonew/judis/39165.pdf
https://api.sci.gov.in/jonew/judis/39160.pdf
https://api.sci.gov.in/jonew/judis/39163.pdf
To receive full text (PDF) Copies of Judgments of Hon'ble Supreme Court with synopsis directly on Whatsapp, please join GCtR's "SC Decisions" Whatsapp Group. Discounts Available for Advocates enrolled with Bar Council of Maharashtra and Goa.
No comments:
Post a Comment